- 18 - Contrary to these assertions, there is no evidence in the record to suggest that Motion, Inc.'s line of credit and security agreement had anything to do with petitioner in his individual capacity, as opposed to his capacity as corporate officer of Motion, Inc. There is also no evidence to suggest that Motion, Inc., was not a validly existing corporation and thus a separate entity from petitioner. In fact, petitioner's opening brief refers to Motion, Inc., as "a wholly owned corporation of Petitioner, Ronald Bradshaw", and petitioners' reply brief refers to it as "Petitioner's wholly owned corporation, Motion, Inc." Colonial Bank's original petition, by which it initiated suit against petitioner and Motion, Inc., does not suggest that the proceeds of petitioner's check-kiting scheme had been obtained through a bona fide indebtedness. To the contrary, the principal claim in the original complaint was a "CLAIM FOR REIMBURSEMENT" under which Colonial Bank sought to hold petitioner and Motion, Inc., liable based upon the fact that petitioner had deposited into his account at Colonial Bank worthless checks drawn on the account of Motion, Inc., in Tarrant Bank, and the fact that Colonial Bank was a holder in due course with respect to each of those checks. The original petition also sought to foreclose its security interest in assets owned by or due to Motion, Inc., and to obtain any proceeds that hadPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011